P Madhan Mohan v. Da Haja Mohideen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2011

CORAM:

THE HON'BLE MR.JUSTICE S.TAMILVANAN CRP.NPD.No.1405 of 2006 and M.P.Nos.1 of 2006 and 1 of 2009 P.Madhan Mohan ... Petitioner Vs.

D.A.Haja Mohideen ... Respondent PRAYER: Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 as amended by Act 23 of 1973, praying to set aside the order and judgment of the VIII Judge, Court of Small Causes, Chennai (Appellate Authority) dated 07.08.2006 and passed in R.C.A.No.333/2006 (preferred against the order and Judgment dated 09.03.2006 of the Rent Controller, Madras passed in M.P.No.686 of 2005 in R.C.O.P.No.8 of 2003 of the XV Judge, Court of Small Causes, Chennai (Appellate Authority), allowing petition filed under Section 11(3) of the Act. For Petitioner :

No appearance For Respondent :

Mr.P.Sivamani

ORDER

There is no representation for the revision petitioner. Heard the learned counsel appearing for the respondent.

2. The learned counsel appearing for the respondent submits that the conditional order dated 28.03.2011, has not been complied with by the revision petitioner. In the earlier order passed by this Court, the revision petitioner was directed to pay 50% of the arrears of rent as fixed by the Court below, on or before 11.04.2011 to the respondent/landlord. However, the said order has not been complied with so far.

3. In view of the submissions made by the learned counsel appearing for the respondent, since the conditional order dated 28.03.2011, has not been complied with, the interim stay already granted by this Court is vacated and the revision petition is also https://hcservices.ecourts.gov.in/hcservices/

liable to be dismissed for default. Accordingly, this revision petition is dismissed. No order as to costs. Consequently, the civil miscellaneous petitions are dismissed.

Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar ogy To

1. The learned VIII Judge, Court of Small Causes, Madras

2. The XVth Judge, Court of Small Causes, Madras

3. The Section Officer, VR Section, High Court, Madras 1 cc To Mr.P.Sivamani, Advocate, SR.36247 CRP.NPD.No.1405 of 2006 TS (CO) RH (30.5.11) https://hcservices.ecourts.gov.in/hcservices/